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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I rent an apartment in a senior complex and am 64. The neighbor

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I rent an apartment in a senior complex and am 64. The neighbor below me has a hearing problem. I have spoken to her many times and acttually asked for assistance from my landlord and the community assoication regarding the level of piano and tv during the day and evening. My neighbor has a player piano and a few times a week she plays the same song for up to four hours at a level that can be heard throughout my living room. At times the tv is quietly played so can be barely heard and then periodically it can be clearly heard in the living room, kitchen bathroom and sun porch. For the last 2 years I have had to resort to going to my back bedroom to have peace and quiet. Is there anything I can do besides move. I don't feel that I should have to escape to my bedroom when I have an entire apartment. I am a nurse and feel badly for my neighbor and have respected her situation. I would like to help her but my ability to cope is worn thin. I hope you can provide some guidance. Thank you.
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Thank you for the post, I am happy to assist you by answering your questions.Have you spoken to management regarding this issue, if so, what was the response?
Customer: replied 5 years ago.
Some of the apartments are owned and some are rented as in mine. The land lord said to speak to her which I did. His father who lived here before me was hard of hearing. The neighbor downstairs said no one else complains 9 I understand if everyone is hard of hering). When the music or tv cna be heard outside the apartment with doors closed , it is a bit loud. The communitiy association said they can't or won't do anything to the home owners. Since the guidelines say quiet after 11 I have to tolerate it or go deaf, use headphones , retire to my room or move. Talking to her doesn't do any good- as in common courtesy.
Expert:  MShore replied 5 years ago.
Thank you, XXXXX XXXXX noise emanate from the person's apartment during the community quiet hours?
Customer: replied 5 years ago.
Expert:  MShore replied 5 years ago.
Thank you, XXXXX XXXXX want to break your lease? If not, what recourse do you seek?
Customer: replied 5 years ago.

Some way to request that she consider others. I would purchase small speakers or perhaps a tv with speaker attachemnts for her to use in the rooms where she wants to watch or listen to the tv. The piano and same somng oveer hours is another story. I can move at any point- it just requires money and a place to go.




Expert:  MShore replied 5 years ago.
"Some way to request that she consider others." I do not understand what you mean by this last statement, please clarify.
Customer: replied 5 years ago.

I believe there shuld be guidance for nosie levels during the day to be confined to apartment. if there are complaints then efforts to be made to control the levels inside. hearing aid adjustment. in her case she is able to hear at lower levels but if she chooses to stay in other parts fo the apartment- she will turn it up/ Sitting across the room in the dining area also causes this increase or the sun porch.



Expert:  MShore replied 5 years ago.
Thank you, XXXXX XXXXX neighbor rent as well?
Customer: replied 5 years ago.
She owns the apartment
Expert:  MShore replied 5 years ago.
Thank you, XXXXX XXXXX then must deal with the community association to enforce the guidelines claiming that the noise levels create a private nuisance and the fellow owner should therefore be compelled to adjust the volume of her television/radio.Because the woman owns the apartment, there is no landlord overseeing her use of the apartment, and she cannot be evicted for the noise levels.

If you want to terminate your lease, you can approach your landlord claiming that the noise is a breach of the covenant of quiet enjoyment that runs with your lease.

Please let me know if you need additional guidance.
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